HALDERMAN v. PENNHURST STATE SCHOOL & HOSP.

No. 94-1674.

49 F.3d 939 (1995)

Terri Lee HALDERMAN, a retarded citizen, by her mother and guardian, Winifred HALDERMAN, Larry Taylor, a retarded citizen, by his parents and guardians, Elmer and Doris Taylor; Kenny Taylor, a minor, a retarded citizen, by his parents and guardians, Elmer and Doris Taylor; Robert Sobetsky, a minor, a retarded citizen, by his parents and guardians, Frank and Angela Sobetsky; Theresa Sobetsky, a retarded citizen, by her parents and guardians, Frank and Angela Sobetsky; Nancy Beth Bowman, a retarded citizen, by her parents and guardians, Mr. and Ms. Horace Bowman; Linda Taub, a retarded citizen, by her parents and guardians, Mr. and Mrs. Allen Taub; George Sorotos, a minor, a retarded citizen, by his foster parents, William and Marion Caranfa, all of the above individually and on behalf of all others similarly situated; The Parents and Family Association of Pennhurst; Pennsylvania Association for Retarded Citizens; Jo Suzanne Moskowitz, a minor, by her parents and next friends, Leonard and Nancy Moskowitz; Robert Hight, a minor, by his parents and next friends, John and Jeanne Hight; David Preusch, a minor by his parents and next friends, Calvin and Elizabeth Preusch, and Charles DiNolfi, on behalf of themselves and all other similarly situated, Plaintiffs-Intervenors, United States of America, Plaintiff-Intervenor, v. PENNHURST STATE SCHOOL & HOSPITAL; Department of Public Welfare of the Commonwealth of Pennsylvania; Frank S. Beal, Secretary of the Department of Public Welfare; Stanley Meyers, Deputy Secretary for Mental Retardation, Department of Public Welfare; Helene Wohlgemuth, Former Secretary, Department of Public Welfare; Aldo Colauti, Executive Deputy Secretary, Department of Public Welfare; Wilbur Hobbs, Deputy Secretary for Southeastern Region, Department of Public Welfare; G. Duane Youngberg, Superintendent, Pennhurst State School & Hospital; Robert Smilovitz, Former Assistant Superintendent, Pennhurst State School & Hospital; Joseph Foster, Assistant Superintendent, Pennhurst State School & Hospital; Margaret Green, Betty Uphold, Alice Barton, P.E. Kilick, Dr. Parocca, Helen Francis, employees and agents of Pennhurst State School & Hospital; John Doctor, James Nurse, Jane Aide, Jill Therapist, Richard Roe, Jane Doe, unknown and unnamed staff, employees and agents of Pennhurst State School & Hospital, each individual Defendant sued individually and in his or her official capacity; George Hetzger, Joseph Catania, and Roger Bowers, Commissioners for Bucks County; Robert Strebl, Earl Baker, and Leo McDermott, Commissioners for Chester County; Faith R. Whittlesey, Charles Keller, and William Spingler, Commissioners for Delaware County; A. Russell Parkhouse, Frank W. Jenkins and Lawrence H. Curry, Commissioners for Montgomery County; Mayor Frank L. Rizzo and The City Council of Philadelphia, as Authorities for Philadelphia County; Peter Bodenheimber, Mental Health/Mental Retardation Administration for Bucks County; William A. McKendry, Mental Health/Mental Retardation Administrator for Chester County; P. Paul Burrichter, Mental Health/Mental Retardation Administrator for Delaware County; Hermann A. Rother, Mental Health/Mental Retardation Administration for Montgomery County, and Leon Soffer, Mental Health/Mental Retardation Administration for Philadelphia County, Commonwealth of Pennsylvania, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 2, 1995.


Attorney(s) appearing for the Case

Jerome J. Shestack (argued), Barry M. Klayman, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, PA, for appellant, Com. of Pa.

Frank J. Laski, Esquire (argued), Judith A. Gran, Public Interest Law Center of Philadelphia, Philadelphia, PA, for appellees.

Before: GREENBERG, SAROKIN and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal from the inclusion of specific items in a grant of attorneys' fees and expenses growing out of a contempt proceeding, we hold that no payment is due for time spent on public relations efforts. Thus, we will disallow those fees as well as those for duplicative work. Other claims that were not supported by evidence at a hearing on fees or that were improperly inflated because the tasks performed were...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases